Who are the potential defendants in a truck accident case?

A truck accident case can involve multiple defendants. Therefore, it is vital to review the facts of a particular truck accident matter carefully in order to ensure that all potential defendants have been considered. Some of the most likely “suspects” for defendants following a truck crash might include the trucking company, contractors, insurance companies, employers and the truck driver him or herself.

Generally speaking, if the truck driver was employed by a transportation company — which is usually the case — then the employer will be liable for the trucker’s actions, including any accidents and/or injuries that the trucker causes through negligence. In order to prove this kind of case, the plaintiff’s attorney would need to show that the trucking company was in control of the trucker, and that the collision happened while the trucker was performing his or her job duties. In the case of an independent contractor, it becomes important to consider whether the trucker was supervised by the company and/or whether the company had a duty to supervise the trucker.

Since all of the different potential parties will usually carry separate insurance policies, it may be necessary to communicate with multiple insurance carriers in order to arrive at a fair settlement in a trucking accident case.

Different rules and regulations govern the driving activities of truck drivers. Therefore, different rules and regulations will apply to a personal injury action stemming from a big rig collision. Connecticut residents will therefore need to familiarize themselves with these unique laws in order to appropriately navigate a personal injury lawsuit relating to serious injuries suffered in such an incident.

Source: FindLaw, “Truck Accident Overview,” accessed March 11, 2016

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